Dáil Éireann Debate, Wednesday - 18 May 2016
106. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will provide details of the directive sent to local authorities in respect of the inclusion of public rights of way in development plans; and if he will make a statement on the matter. [10719/16]
Amharc ar fhreagraSection 7 of the Planning and Development (Amendment) Act 2010 requires the inclusion of a mandatory objective in an area’s development plan for “the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan”.
In October 2012, my Department issued Circular Letter PL09/2012 to planning authorities reminding them of their statutory obligation under planning legislation in this regard.
In August 2015, my Department issued a further Circular Letter PL 5/2015 to planning authorities which provided clarification between the status of permissive trails as distinct from public rights of ways.
Public rights of way are deemed accessible at all times by members of the public. Members of the public, such as recreational users, entering onto these designated routes do so by right and not by permission. Many of these rights of way are indicated by local authorities in their development plans. Many other walking routes exist on a permissive access basis, for example “The National Waymarked Way Network” . These routes are permissive in nature and, as distinct from public rights of way, consent can be withdrawn anytime by the landowner.
Circular Letter PL 5/2015 further advised planning authorities on the degree to which the existence of such permissive trails, given their status, should be taken on board in arriving at decisions on planning applications and appeals.
